Zaveczky and Comcare (Compensation)

This matter concerned four claims made by Ms Zaveczky against Comcare regarding conditions affecting her right and left shoulders and right elbow, specifically a bilateral rotator cuff disorder. The central dispute revolved around whether Ms Zaveczky had suffered an "injury" as defined by the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act), and whether her employment had contributed to, or aggravated, her conditions to a significant degree. The decisions under review, which had denied her entitlement to compensation, were affirmed by the Tribunal.

The legal issues before the Tribunal were whether Ms Zaveczky had suffered an "injury" for the purposes of subsection 5A(1) or section 5B of the SRC Act. This required the Tribunal to consider the nature of her conditions, the timing of their onset and aggravation, and the causal link between her employment duties and these conditions. The Tribunal also had to determine if her pre-existing fibromyalgia diagnosis impacted the assessment of her claims.

The Tribunal's reasoning focused on the definition of "injury" under the SRC Act. It noted Ms Zaveczky's evidence of experiencing pain and swelling in her right arm and shoulder in 2009, coinciding with a significant change in her workplace computer system to a mouse-based operation. While she was diagnosed with repetitive strain injury at the time and her symptoms dissipated during maternity leave, the Tribunal considered whether this constituted a compensable injury. The Tribunal also examined her subsequent experiences of pain and swelling in both shoulders upon her return to work and the medical diagnoses of bilateral shoulder bursitis and tendinitis. Ultimately, the Tribunal found that Ms Zaveczky had not established that she suffered an "injury" as defined by the Act, nor that her employment contributed significantly to the aggravation of her conditions.

Consequently, the Tribunal affirmed the reviewable decisions, which had revoked previous determinations accepting liability for various shoulder and elbow conditions. This resulted in Ms Zaveczky having no present entitlement to compensation under the SRC Act, and a determination that an overpayment of $73,928.85 had occurred, which was to be refunded to Comcare.